Appendix 1 - REQUEST FOR CORPS JURISDICTIONAL DETERMINATION (JD) 2025

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A preliminary JD is preliminary in the sense that a recipient of a preliminary JD can later request and obtain an approved JD if that later becomes necessary or appropriate during the permit process or during the administrative appeal process.
While the RGL states that the Corps is committed to finalizing both preliminary and approved JDs within 60 days of submittal, factors such as Corps work load and complexity of the aquatic resource delineation may delay a decision from the Corps.
An AJD is valid for 5 years from the date of issuance. However, the possessor of a valid AJD may request that the Corps reassess the review area and issue a new AJD before the five-year expiration date.
The Corps regulatory jurisdiction extends to tidal waters of the United States, non-tidal waters of the United States, and territorial seas. Corps jurisdiction over tidal waters of the United States is outlined in Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act.
BACKGROUND. An Approved Jurisdictional Determination (AJD) is a Corps document stating the presence or absence of waters of the United States on a parcel or a written statement and map identifying the limits of waters of the United States on a parcel.
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A PJD is preliminary in the sense that a recipient of a PJD can later request and obtain an AJD if that becomes necessary or appropriate during the permit process or during the administrative appeal process.
They are adjacent to a navigable waterway: Wetlands that are adjacent to a navigable waterway, such as a river, lake, or ocean, are considered jurisdictional. The USACE defines adjacent as being directly connected to a navigable waterway or having a significant nexus to it.

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